FMLA - definition of parent, does grandparents who raise employee comply with law?

Bucky333

I have an employee who is requesting FMLA leave for her grandfather who is terminal. This person was raised by this grandparent since 13 years of age.  Would we be able to offer FMLA to this employee?  The language I have found for both FMLA and CFRA, as we are located in CA, is limited to parents.

Does anyone have more clarification?  Thanks so much,

TXHRGuy

The short answer is yes.  A person who has stood in loco parentis qualifies as a parent.  I'll check a reference tomorrow but I'm 99% certain that is the case.

regdunlop

the deifnition of parent in the fmla is "the biological parent of an employee or an individual
who stood in loco parentis to an employee when
the employee was a son or daughter."

 
the definition of  son/daughter is "a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco parentis who is--

• (A) under 18 years of age; or
  
• (B) 18 years of age or older and incapable of self-care because of a mental
  or physical disability."

 

loco parentis means taking on the responsibilities and rights of a child in place of a biological parent.

efeldman

I agree with the others.  It would apply since the individual's grandparent would clearly be considered to have served as this individual's parent for at least 5 years.

Bucky333

Thank you all, your replies were consistent with my own research and appreciate the quick replies.  It